Subchapter 20 - PUBLIC DANCE HALLS, CABARETS AND CATERING ESTABLISHMENTS

Section 20-359

Section 20-359

  §  20-359  Definitions. Whenever used in this subchapter the following
terms shall mean:
  1. "Public dance hall." Any room, place or space in the city in  which
dancing is carried on and to which the public may gain admission, either
with or without the payment of a fee.
  2.  "Public  dance  or  ball."  Any  dance  or  ball  of any nature or
description to which the public may gain admission.
  3. "Cabaret." Any room, place or  space  in  the  city  in  which  any
musical  entertainment,  singing,  dancing or other form of amusement is
permitted in connection with the restaurant business or the business  of
directly  or  indirectly  selling  to  the  public food or drink, except
eating  or   drinking   places,   which   provide   incidental   musical
entertainment,  without dancing, either by mechanical devices, or by not
more than three persons.
  4. "Catering establishment." Any room, place or  space  in  the  city,
which  is  used,  leased or hired out in the business of serving food or
beverages for a particular function, occasion or  event,  to  which  the
public  is not invited or admitted and wherein music or entertainment is
permitted.
  5.  "Person."   An   individual,   corporation,   club,   partnership,
association,  society or any other organized group of persons, and shall
include  officers,  directors  and  trustees  of  a  corporation,  club,
association or society.
  6.  "Employee."  A  person  employed  in  any  capacity  or  title  in
connection with a cabaret or public dance hall, including  the  licensee
and  any  and  all  persons  responsible  for  the control or management
thereof. It shall also include a concessionaire and each person employed
by such concessionaire.
  7. "Security guard." A person as defined by subdivision six of section
eighty-nine-f of the general business law. There shall be  a  rebuttable
presumption  that  a person employed or whose services are retained at a
public dance hall  or  cabaret  whose  job  functions  include  (1)  the
monitoring or guarding of the entrance or exit of such public dance hall
or  cabaret  to  manage  ingress and egress to such public dance hall or
cabaret for security purposes during the  hours  of  operation  of  such
establishment and/or (2) protection of such public dance hall or cabaret
from  disorderly or other unlawful conduct by such patrons is a security
guard, provided, however, that such  rebuttable  presumption  shall  not
apply to the owner of the public dance hall or cabaret.

Section 20-360

Section 20-360

  §  20-360 Licenses and fingerprinting. a. It shall be unlawful for any
person to conduct, maintain or operate, or engage  in  the  business  of
conducting,  maintaining  or  operating, a public dance hall, cabaret or
catering  establishment  unless  the  premises  wherein  the   same   is
conducted,  maintained or operated are licensed in the manner prescribed
herein.
  b. A  membership  corporation,  club,  association  or  society  which
permits  musical  entertainment,  singing,  dancing  or  other  form  of
amusement in premises wherein food or drink is  directly  or  indirectly
sold  to its members, or their guests, or to the public, shall be deemed
to be conducting a cabaret hereunder.
  c. A steamship or boat moored or tied to a dock, pier  or  shore,  and
which  contains  a dance hall or cabaret in use while so moored or tied,
shall be required to obtain such license.
  d. All applicants for licenses required  by  the  provisions  of  this
subchapter and holders of concessions on premises requiring such license
shall  be  fingerprinted. If the applicant is a partnership, all members
of the partnership shall be fingerprinted. Except in the  discretion  of
the  commissioner, if the applicant is a corporation, club, association,
society or other organized groups of persons, all  officers,  directors,
stockholders  and  other  persons  entitled  to a share of the income or
profits shall be fingerprinted. If the applicant for a  cabaret  license
is  the  proprietor  of  a hotel containing more than two hundred rooms,
only an officer or manager of the hotel filing the application shall  be
fingerprinted.

Section 20-360.1

Section 20-360.1

  § 20-360.1  Security  guards  in public dance halls or cabarets. a. It
shall be a violation of this  subchapter  for  any  person  to  conduct,
maintain  or  operate  a  public  dance  hall or cabaret that employs or
retains the services of one or more security  guards  without  complying
with the provisions of article 7-A of the general business law.
  b. A public dance hall or cabaret that employs or retains the services
of  one or more security guards shall maintain and make available during
all hours of operation, in accordance  with  rules  promulgated  by  the
department,  proof  that  each such security guard is validly registered
pursuant to article 7-A of the general business law.
  c. A public dance hall or cabaret  shall  maintain  a  roster  of  all
security guards working at any given time when such public dance hall or
cabaret  is open to the public, and shall require each security guard to
maintain on his or her person proof of registration at all times when on
the premises.
  d. The enforcement agency shall report any violation of the provisions
of this section to the state liquor authority if the  licensee  holds  a
license pursuant to the alcoholic beverage control law.

Section 20-360.2.

Section 20-360.2.

  § 20-360.2. Additional security measures for cabarets and public dance
halls. a. No one shall operate a cabaret or public dance hall unless all
entrances  and  exits  used  by  patrons are equipped with digital video
surveillance cameras, provided, however, that  this  section  shall  not
apply  to  an  establishment that operates primarily as a restaurant, as
defined by section three of the alcoholic beverage control  law,  during
all hours of operation.
  b.  Digital video surveillance systems shall comply with the following
provisions and with the rules of the commissioner:
  1. The video surveillance cameras shall be digital in nature and shall
be of sufficient number, type, placement and location to view and record
all activity in front of and within 15  feet  of  either  side  of  each
entrance or exit;
  2.   The  video  surveillance  cameras  shall  be  sufficiently  light
sensitive  and  provide  sufficient  image  resolution   (supported   by
additional  lighting  if necessary) to produce easily discernible images
recorded at all times;
  3. The video surveillance cameras shall record at a minimum  speed  of
fifteen frames per second;
  4.  The  video  surveillance  camera  images shall be capable of being
viewed through use of appropriate technology, including but not  limited
to a computer screen or closed circuit television monitor;
  5.   The   video  surveillance  camera  system  shall  be  capable  of
transferring the recorded images to a portable form of media,  including
but not limited to compact disc or digital video disc;
  6. The video surveillance cameras shall not have an audio capability;
  7.  The video surveillance cameras shall be maintained in good working
condition;
  8. Except as  otherwise  provided  by  rule,  the  video  surveillance
cameras  shall  be  in  operation  and recording continuously during all
hours of operation of the cabaret or public dance hall and for two hours
after the cabaret or public dance hall closes;
  9. The recordings made by video  surveillance  cameras  installed  and
maintained  pursuant to this section shall be indexed by dates and times
and preserved for a minimum of thirty days so  that  they  may  be  made
available  to the department, the police department and other government
agencies acting in furtherance of a criminal investigation or a civil or
administrative law enforcement purpose;
  10. All recordings made by video surveillance  cameras  installed  and
maintained  pursuant  to  this  section  while  in the possession of the
cabaret or public dance hall shall be  stored  in  a  locked  receptacle
located  in a controlled access area, to which only authorized personnel
have access, or shall otherwise  be  secured  so  that  only  authorized
personnel  may access such video recordings. All personnel authorized to
access such video recordings must certify in writing that they have been
informed on the appropriate use and retention of recordings as set forth
in  this  section,  and  on  the  legal  issues  associated  with  video
surveillance  and  the  use  and retention of recordings. The cabaret or
public dance hall shall keep a log of all  instances  of  requests  for,
access  to,  dissemination  and use of, recorded materials made by video
surveillance cameras installed and maintained pursuant to this  section.
Copies  of  the certifications by authorized employees and of the access
log shall be provided to the department in accordance with its rules;
  11. The use or dissemination of recordings made by video  surveillance
cameras  installed  and maintained pursuant to this section in violation
of the penal law or section 50 of the civil rights law shall  result  in
suspension or revocation of a license and a fine of not less than $5,000
nor more than $50,000; and

  12. The cabaret or public dance hall shall post signage at appropriate
locations,  as  determined  by  rule  of the commissioner, to notify the
public of its use of video surveillance equipment and the  locations  of
video  surveillance  equipment so that the public has sufficient warning
that surveillance is in operation.
  c. Each person subject to the provisions of this section shall submit,
or  ensure  the  submission of, a report to the department within thirty
days after the effective date of this section, or, in the case of a  new
cabaret or public dance hall, within thirty days after the establishment
of such cabaret or public dance hall. Such report shall certify that the
cabaret or public dance hall is in compliance with this section. Reports
filed  pursuant  to this subdivision shall be submitted in such form and
manner and containing such information as shall be provided by  rule  of
the commissioner.
  d.  The  department shall conduct periodic inspections of licensees to
ensure compliance with the use and retention policies set forth in  this
section.
  e.  The  commissioner  may suspend or revoke a cabaret or public dance
hall license if the licensee violates the requirements of  this  section
and,  in  addition,  shall impose a fine of $1,000 for each violation of
paragraphs nine, ten or twelve of subdivision (b) of this  section,  and
any  additional  penalties  and fines as required by paragraph eleven of
subdivision (b) of this section.

Section 20-361

Section 20-361

  §  20-361  Issuance  and  renewal  of license. a. The commissioner may
refuse to issue or renew  a  license  to  an  applicant  only  upon  the
occurrence of any one or more of the following conditions:
  1.  the  applicant,  licensee, its officers, principals, directors and
stockholders owning more than ten percent of the  outstanding  stock  of
the  corporation  have  not  submitted complete and accurate information
required by the department in connection with:
  (a) an application for a license or renewal thereof;
  (b) an application for the approval of a change of ownership;
  (c) the furnishing of a record of convictions for offenses as provided
in paragraph five of this subdivision;
  (d) the  furnishing  of  financial  information  and  records  by  the
applicant,   licensee,   its   officers,   principals,   directors   and
stockholders owning more than ten percent of the  outstanding  stock  of
the  corporation  concerning  the source of funds used or intended to be
used in the operation of the licensed business and the amount  of  total
funds each such individual has invested in the business;
  2.  the  premises  on  or  in  which  the  licensed  business is to be
conducted have not been certified as  in  compliance  with  the  health,
fire,   buildings,   zoning   and  water,  gas  and  electricity  safety
requirements and standards established by the laws of the city and state
of New York or any  other  governmental  authority  having  jurisdiction
thereof;
  3. with respect to a new license application for the premises on or in
which  the  licensed  business  is  to be conducted, there is no current
certificate of occupancy to operate a  public  dance  hall,  cabaret  or
catering establishment;
  4.  the  applicant,  licensee, its officers, principals, directors and
stockholders have not complied with the regulations  of  the  department
applicable thereto;
  5.  the  applicant,  licensee, its officers, principals, directors and
stockholders owning more than ten percent of the  outstanding  stock  of
the corporation have been convicted of:
  (a)  any of the following offenses and there is a relationship between
the offense and the conduct of a public dance hall, cabaret or  catering
establishment:
  (i) an offense within article two hundred of the penal law relating to
bribery involving public servants;
  (ii) a felony within article two hundred ten of the penal law relating
to perjury;
  (iii)  an  offense  within article two hundred thirty of the penal law
relating to prostitution offenses;
  (iv) an offense within article two hundred forty-five of the penal law
relating to offenses against public sensibilities;
  (v) an offense within section 260.20 of  the  penal  law  relating  to
unlawfully dealing with a child;
  (b)  any  other offense which is a felony under the laws of this state
or a crime committed in violation of the laws of any other  jurisdiction
which if committed in this state would be a felony;
  (c) any offense which is a misdemeanor involving the premises on or in
which the licensed business is to be conducted.
  6.  the  applicant,  licensee, its officers, principals, directors and
stockholders owning more than ten percent of the  outstanding  stock  of
the  corporation  have suffered or permitted the premises on or in which
the licensed business is to be conducted, through improper or inadequate
maintenance and supervision, to be used for the commission of any of the
offenses set forth in paragraph five of this subdivision;

  7. the applicant, its officers,  principals,  directors,  stockholders
owning more than ten percent of the outstanding stock of the corporation
and  employees thereof at the premises on which the licensed business is
to be conducted have at least three times been proven to be in violation
of  the  provisions  of  subchapter one of chapter five of this title of
this code or of any regulations promulgated thereunder.
  (b) The commissioner shall  not  issue  or  renew  a  license  if  the
applicant,   licensee,   its   officers,   principals,   directors   and
stockholders owning more than ten percent of the  outstanding  stock  of
the  corporation  have  not  paid, within the time permitted by law, any
fine, penalty or judgment duly imposed in  connection  with  or  arising
from  the  use,  occupation  or  operation  of the premises on which the
licensed business is to be conducted.
  (e) Each applicant and licensee shall notify the department in writing
by registered mail, return receipt requested, within three business days
of receipt of notice of service of a summons for a violation relating to
the operation of the business licensed or  to  be  licensed  or  to  the
premises on or in which the business licensed or to be licensed is to be
conducted  and  of  a  conviction for any offense set forth in paragraph
five of subdivision a of this section occurring after the filing date of
the application for a license or a renewal thereof or  occurring  during
the term of the license.
  (f)  In  the  manner  prescribed in rule three hundred eighteen of the
civil practice law and rules, each applicant or licensee shall designate
an agent, a substitute agent and a successor agent for receiving service
of process and communications from this department  located  within  the
city  of  New  York.  Proof  of such designation shall be filed with the
license application at the department.

Section 20-362

Section 20-362

  § 20-362 Exemptions. This subchapter shall not apply to:
  a.  Premises  owned,  occupied  and  used  exclusively by a membership
corporation, club, society  or  association,  provided  such  membership
corporation,  club, society or association was in actual existence prior
to January first, nineteen hundred twenty-six.
  b. Premises owned, occupied  and  used  exclusively  by  a  religious,
charitable, eleemosynary or educational corporation or institution.
  c.  Premises  licensed  pursuant  to subchapters one and three of this
chapter.

Section 20-363

Section 20-363

  § 20-363 Fees. a. The license herein prescribed shall be issued by the
commissioner.  Application  for  such  license  shall  be made on a form
containing such information as may be determined  by  the  commissioner,
and  shall be certified to by the applicant. The fee for each cabaret or
public dance hall license shall be as follows:

      Capacity                                               Fee
  Up to and including 74 persons............................$300
  75 to 299 persons..........................................400
  300 to 599 persons.........................................455
  600 or more persons........................................500
for each year or fraction thereof.  The fee for each catering establish-
ment shall be as follows:
  Up to and including 74 persons............................$200
  75 to 299 persons..........................................270
  300 to 599 persons.........................................400
  600 or more persons........................................535
for each year or fraction thereof.

  b. If additional rooms are  to  be  used  independently  by  the  same
applicant  in  the  same  premises  as  a  public dance hall, cabaret or
catering establishment, the applicant shall indicate on the  application
the  location  of  each  and every room or space which is to be used for
such purpose. In such cases a separate license  shall  be  required  for
each  such  additional  independent  room or space, and the fee for each
such independent additional room or space shall be sixty dollars.
  c. A partial fee in an amount equal to  one-third  of  the  applicable
license  fee  shall  be paid upon filing of an application for a license
herein prescribed, in  order  to  defray  the  cost  of  processing  the
application  and  shall  not  be refundable. The processing fee shall be
applied against the fee to be paid for the issuance of such  license  as
provided herein.

Section 20-364

Section 20-364

  §  20-364  Posting  of license. Each license issued hereunder shall be
kept posted at the main entrance of every place licensed hereunder.

Section 20-365

Section 20-365

  §  20-365  License  not  transferable.  No  license  issued  under the
provisions of this subchapter shall be transferred or  assigned  to  any
person,  or  used  by  any person other than the licensee to whom it was
issued, nor shall such license be used on any location  other  than  the
location stated in such license.

Section 20-366

Section 20-366

  §  20-366  Changes  in  corporate licenses. If, during the term of the
licensing period, one or more directors, stockholders or officers  of  a
corporate  license,  is  substituted or added, such substituted or added
directors, stockholders or officers shall,  within  five  days  of  such
substitution  or addition, file with the commissioner an application for
an approval of the change of directors, stockholders or officers on such
forms as are prescribed by the commissioner. A waiver of this  provision
may  be granted in the discretion of the commissioner to any corporation
with regard to stockholders holding less than ten percent of the  issued
stock.

Section 20-367

Section 20-367

  §  20-367  Places  closed  to  public  within  certain hours. Premises
licensed hereunder shall not be kept open for business,  nor  shall  the
public  be  permitted  to  enter or to remain therein, between four ante
meridian and eight ante meridian; and if the occupant  is  a  membership
corporation,  club, association, or society, its members or their guests
shall not be permitted to enter or to remain therein between such hours.
The commissioner, in his or her  discretion,  may  permit  any  premises
licensed  hereunder  to  be  open  to  the  public between such hours on
special occasions. If it appears to the commissioner that the place  for
which  a  license is sought will be frequented by minors, or if there is
in the opinion of the commissioner any other good and sufficient  reason
therefor,  he  or  she  may  grant a license upon the condition that the
licensed premises shall not  be  open  for  business  between  one  ante
meridian and eight ante meridian.

Section 20-368

Section 20-368

  §  20-368  Rules and regulations. a. The commissioner is authorized to
adopt such reasonable rules and  regulations  as  he  or  she  may  deem
necessary  for  the proper control, operation, and supervision of public
dance halls, cabarets and catering establishments.
  b. Upon request of a patron  or  guest  of  a  public  dance  hall  or
cabaret,  such patron or guest shall be furnished with a clearly printed
menu or other written list that itemizes the prices charged for food and
drink sold before he or she is served, or, in the  alternative,  one  or
more  signs  reciting  such itemized prices may be placed in conspicuous
locations within the premises so as to  be  readily  observable  to  all
patrons and guests.

Section 20-369

Section 20-369

  § 20-369 Suspension and revocation of license. a. The commissioner may
suspend  or  revoke a license for conduct of the licensee, its officers,
principals,  directors,  agents  or  employees  or  in  a  closely  held
corporation,  stockholders that would constitute grounds for denying the
issuance of renewal of a license pursuant  to  section  20-361  of  this
code.
  b.  The  commissioner  may suspend or revoke a cabaret or public dance
hall license if  the  licensee  violates  the  requirements  of  section
20-360.1  of  this  subchapter, provided, however, that the commissioner
shall suspend or revoke a cabaret or public dance hall license upon  the
third violation by the licensee within two years of the first violation.
  c. Upon application to the commissioner and prior to the reinstatement
or  reissuance of a suspended or revoked license, the licensee, with the
commissioner's approval, shall, upon payment of the fee as specified  in
section 20-362 of this code, be permitted to operate for six months on a
probationary  license.  At the end of such six month period, the license
shall be reinstated or reissued unless the commissioner finds  that  the
licensee,  its  officers, principals, directors, agents or employees or,
in a closely held corporation, stockholders,  have  engaged  in  conduct
that  would  constitute grounds for denying the issuance or renewal of a
license pursuant to section 20-361 of this code. Upon a finding of  such
conduct  the  probationary  license  shall  be  revoked and shall not be
reissued for a period of one year.

Section 20-370.

Section 20-370.

  §  20-370. Independent monitoring required. The commissioner may, with
the consent of the licensee, require in lieu of suspension or revocation
of a license pursuant to section 20-369 of this code  upon  the  grounds
delineated  in sections 20-361, 20-360.1 or 20-360.2 of this code, or as
a condition of license renewal upon the occurrence of one or more of the
conditions provided in section 20-361 of this code,  that  the  licensee
enter  into  a contract with an independent monitor approved or selected
by the police commissioner. Such contract, the cost of  which  shall  be
paid  by  the  licensee,  shall  provide  that  the  monitor  review the
activities of the licensee with respect  to  the  licensee's  compliance
with  the provisions of this subchapter, other applicable federal, state
and local laws and such other matters as the department shall  determine
by  rule,  and  shall  recommend  to  the licensee steps it can take and
practices it can implement to ensure compliance  with  such  provisions,
rules  and  laws, which may include, but need not be limited to, the use
of identification scanners at all entrances and additional training  for
employees  concerning safety issues, conflict management and/or laws and
liabilities associated with the illegal service of alcoholic  beverages.
The  contract shall provide further that the monitor report the findings
of such monitoring, including the extent to which the cabaret or  public
dance  hall  has  complied  with  the  monitor's recommendations, to the
department and to  the  police  commissioner  on  a  regular  basis,  as
determined by rule of the commissioner.

Section 20-370.1.

Section 20-370.1.

  §   20-370.1.   Reporting   by  the  department  regarding  monitoring
contracts.  The department shall submit to the city council on an annual
basis a report listing all monitoring contracts entered into pursuant to
section 20-370 of the administrative code of the city of New York, which
report shall include: (1) the reason for each monitoring agreement;  (2)
the   length  of  the  initial  monitoring  period  in  each  monitoring
agreement; and (3) the length of any extension of a monitoring agreement
and the reasons for such extension.

Section 20-370.2.

Section 20-370.2.

  § 20-370.2. Reporting by licensees of substantiated violations against
cabarets  and  public  dance  halls.  Licensees  who  are  convicted  or
otherwise found liable  for  violation  of  any  of  the  provisions  of
sections  20-361, 20-360.1 or 20-360.2 that would constitute grounds for
denying the issuance or renewal of a license shall within  ten  days  of
such  conviction  or  finding  report  such conviction or finding to the
department in a form and manner and containing such information as shall
be provided by rule of the commissioner.